To:                   Mayor Allen Green

            Vice Mayor Mary S. Martin

                        Councilman Dennis Kennedy

            Councilman Robert Pohlmann

                        Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary - Regular City Council Meeting  May 17, 2005


Date:               May 6, 2005





Item 4 -           Report from KemperSports Management


At this time, a representative of KemperSports will make a report to the Council on the activities at Cypress Head Golf Course.





Item 5 -           Port Orange Elementary School Art Contest Winners


The Port Orange Police Department, in cooperation with WalMart, is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Arts Contest at all five elementary schools in Port Orange, kindergarten through fifth grade.  First place winners from each of the five elementary schools will receive a certificate and a new bicycle.  Entries will be collected on May 13, 2005.  Judging and announcement of the winners will be on May 16, 2005.  Winners will be presented with their new bicycles at the Port Orange City Council Meeting on May 17, 2005.


Item 6  -          Proclamation - David Rowland


David Rowland lives in Waters Edge.  Mr. Rowland walks the area along Williamson/Airport Road picking up trash.  Council would like to recognize Mr. Rowland for his efforts in helping to keep Port Orange clean.


Item 7  -          Recognition of Port Orange VIPS


Pete Atwood has asked that this item be placed on the agenda.  The Port Orange Community Trust would like to recognize the VIPS for assistance they provide to the Trust during events held at the Municipal Complex.




Item 8 -  Acceptance of Warranty Deed for the Second Segment of Road B


A warranty deed dedicating the second segment of Road B from D.S.C. of Newark Enterprises, Inc., to the City of Port Orange was executed and recorded in the public records of Volusia County, Florida, on December 8, 2004, in Official Records Book 5451 at Page 229.  The deed allows the multi-family component of the D. R. Horton project to move forward.


Staff recommends that Council accept the Warranty Deed recorded December 8, 2004, for the second segment of Road B from D.S.C. of Newark Enterprises, Inc.


Item 9 - “Piggyback” County Contract – Clean, Video, and Line Storm Pipe


Staff has been working with Quentin L. Hampton Associates to identify storm pipes throughout the City that are in need of cleaning and/or a new lining in order to function properly in heavy rains and storms.  Staff would like to “piggyback” Volusia County’s contract with American Water Services in order to have the work done at the lowest price possible.  American Water Services has provided proposals for serving storm pipes in Tree Top, Leisure Villas, Harbour Point Drive, Deep Forest, and on the beach site.  The total cost for all work in these areas should not exceed $234,346.50. 


Staff recommends that Council approve “piggybacking” Volusia County’s contract with American Water Services to clean, video, and install new lining in storm pipes as outlined on proposals attached for a total cost not to exceed $234,346.50.


Item  10 -       Bid Award - Construction/Repair of Concrete Sidewalks, Bike Paths, or Curbing


Staff advertised and received four bids for bid No. 05-23, Construction of Sidewalks and Curbing.  As shown on the attached summary, Municipal Contracting Corp. and Sun-Con Crete were the two low bid vendors.  Based on past experience, the majority of work done under this contract is sidewalks and bike paths that are 4 feet wide by 4 inches thick, less than 100 feet in length.  Municipal Contracting Corp., current vendor under contract, is low bid vendor on this portion of the bid; therefore, staff recommends the contract be awarded to Municipal Contracting.  The contract will be effective June 1, 2005, through May 31, 2006.


Item 11  -       Bid Award – Repair of Boardwalk at Spruce Creek Recreational Facility


The City advertised bids to repair the boardwalk at Spruce Creek Recreational Facility, which was damaged during the recent hurricanes.  Two bids were received.  The lowest most responsible bid was received from Saboungi Construction Inc. in the amount of $56,640.  Saboungi Construction was the original contractor on the park.  Staff recommends that Council award the bid as stated.


Item 12 -        Amend Current Contract with Glatting Jackson Kercher Anglin Lopez Rinehart Inc. to Prepare Conceptual Park Master Plans for the 12 Acre and 36 Acre Coraci Property Sites


The planning firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., is currently under contract with the City of Port Orange.  Staff would like to amend the contract to include the preparation of a Conceptual Park Master Plan for the 12 acre and 36 acre Coraci property sites in the amount of $34,500.  Staff recommends approval.


Planning Commission Minutes.



Item 13 -        Second Reading – Ordinance No. 2004-34 – Small Scale Future Land Use Map Amendment – Port Orange Landings, LLC (Tabled  February 15, 2005)


This item has reached the 3 month deadline.  Council action is required on this item at this time.




Item 14 -        Second Reading – Ordinance No. 2005-10 – Rezoning – From NP (Neighborhood Preservation) to PO (Professional Office) – John Rue


We recommend approval.


Item 15  -       First Reading – Ordinance No. 2005-19 - Rezoning – From A (Agricultural) to PO (Professional Office - Bartos


This is a request to rezone approximately 0.78 acres located at 896 Jacobus Road from “A” (Agriculture) to “PO” (Professional Office).  If the rezoning request is approved, the property owner intends to develop the property with a veterinary clinic.


Planning Commission Recommendation:      The Planning Commission recommends approval 7-0 (unanimous).


Staff Recommendation:   Staff recommends approval.


Second Reading:   June 21, 2005


Item 16 -        First Reading – Ordinance No. 2005-20 - Rezoning – From A (Agricultural) to R-10SF (Single Family Residential) Dalford and White


This is a request to rezone approximately 1.1 acres located at 510 Renner Road from “A” (Agricultural) to “R-10SF” (Single Family Residential).  If the rezoning request is approved, the owners of the property intend to subdivide it into three separate lots meeting the dimensional requirements of the R-10SF zoning district.


Planning Commission Recommendation:      The Planning Commission recommends approval 7-0 (unanimous).


Staff Recommendation:   Staff recommends approval.


Second Reading:   June 21, 2005


Item 17 -        Minor Special Event Request – Riverside National Bank Grand Opening


Staff has received a Minor Special Event Request from Robin Lasky, representative for Riverside National Bank, located at 1101 Dunlawton Avenue.  Ms. Lasky is requesting permission for a Grand Opening event for the new location of the bank to be held on June 10 and 11, 2005, from 11:00 a.m. until 1:00 p.m. daily.  Staff recommends that Council approve the Grand Opening Minor Special Event request for Riverside National Bank, subject to 14 conditions outlined in the staff report.


City Manager Comments:  Some years ago, staff suggested there are certain types of special event requests that do not need to go through the 45 day period.  Also, we requested at that time to allow staff the ability to approve minor special event requests.  This is an excellent example of a special event request that could be handled by staff rather than coming forward to City Council.  Fortunately, we had a business representative who understood that she needed to make this request well in advance.  Most business owners are more interested in completing their building and getting open than thinking 45 days in advance about the grand opening permits.  I would like to work with the Chamber’s Economic Development Committee on reviewing this Ordinance and bringing back suggested changes that would allow a more speedy handling of this type of permitting.


Item 18 -        Approval of the Riverwalk Memorandum of Understanding   Part II


Last week, the CRA approved a Memorandum of Understanding.  On Tuesday night, it will be necessary for the City Council to approve the MOU in your capacity as the City Council.  You all have received copies of the MOU.  The revisions that were agreed to by the CRA have been incorporated into the document.  With the Council approval, we will move forward to the next step in this project.


Item 19 -        Concerns Regarding 5541 West Bayshore Drive


The City Council asked that this item be placed on the agenda.  Attached is material prepared by the Community Development Department related to the petition.  I have asked the City Attorney to be prepared to discuss the legal issues associated with the request.   A house was constructed on two buildable lots many years ago.  The property owner now is proposing to demolish the house and construct two homes, one on each lot.   




Item 20 -        Second Reading – Ordinance No. 2005-11 – Fire Impact Fees


We recommend approval.




Item 21 -        First Reading – Ordinance No. 2005-12 – Transportation Impact Fee (Continued to Date Certain of May 17, 2005)


Staff recommends that this item be continued until the May 24, 2005, City Council Meeting.  The consultant could not be present tonight.


Item 22  -       Resolution No. 05-38 - Purchase of Gray Property


The Gray property consists of two tracts of land with a total acreage of approximately 17 acres.  The property is located on Clyde Morris Boulevard and Bruner Road, with one tract abutting the City’s water treatment plant property.  This property will be used to construct a new police station.


The seller, George Gray, is maintaining a life estate on the northern tract (except for a 20 foot strip on the east side of the northern tract which is being immediately deeded to the city, without reservation, to provide a buffer to the water plant).


Staff recommends that Council approve the attached resolution for the purchase of the Gray property and to authorize the Mayor and City Manager to execute all documents required to purchase the property in the amount not to exceed $1,464,000, plus costs not to exceed $10,000.


Item 23 -        Resolution No. 05-39 – MPO Annual Call for Priority Projects


Attached is a resolution in support of the City’s project listing.  If you have questions, please contact either Donna Steinebach or me.


Item 24 -        Discussion Regarding Our Word of Faith Church Property


Some months ago, the City began discussing with the Word of Faith Church about the potential purchase of their property at the corner of Williamson Boulevard and Madeline Avenue.  The church is willing to enter into discussion with the City about the acquisition of the property in an “as is” condition.  Does the City Council desire for staff to negotiate with the church for the property?  We have had the property appraised.  We would still need to identify a funding source for the acquisition and completion of the facility should it be acquired by the City. 




Item 25 -        Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.